BUSINESS TERMS AND CONDITIONS

Last updated: March 18, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access Our Service or parts of Our Service.

Country refers to: Ontario, Canada

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Locorum London Inc., 124 Dundas St., London ON, Canada N6A1G1.

Content means all messages, images, graphics, and attachments sents through the Module. 

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Downloadable Tools means software, scripts, and other content that we may, from time to time, make available for download from the Service. 

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Fee means the marketing fee set by You. 

Module means the email marketing module offered within the Service to facilitate communicatations between You and consumers.

Program means the Prepaid Mastercard program that is operated by the Company.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website where We may provide the ability to use certain functionalities of the Website, including listing Your products and services available for purchase and sale on the Terms herein and providing rewards of various kinds to consumers purchasing Your products and services.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

User Content means any and all information and content that a user submits to or uses with the Website or Services (e.g., content in the user’s profile, photographs, or other postings).

Website refers to Locorum, accessible from https://locorum.io

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Services

A Tool for Local Businesses and Entrepreneurs

We are a marketing services company and exist to provide marketing services to support local business and entrepreneurs. We enable local businesses and entrepreneurs to connect with consumers via the Website. All rewards are managed and issued by Locorum to users of the platform for actions they take on the Website, independent of your dealings offline. We retain the right to update and change the rewards issued at our discretion. 

The Website manages a reward and incentive program to assist businesses with marketing themselves to consumers and managing network marketing while allowing consumers to easily recommend local businesses and entrepreneurs.

Setting up a business account with Us enables Us to market your products or services within your community via our Website.  The sales process will unfold as follows:

(1) You will set the Fee. Included in the Fee is also the transaction fees which will vary depending on the rewards card program you selected within your Account. You may change the Fee in your profile at any time. Any pending transactions, including customers who have contacted or recommended you on Locorum will be billed at the Fee rate that was set at the time they contacted or recommended you. The Fee is payable to the Company for marketing services. 

(2) The consumer will contact you via the Website. Consumers may also recommend others contact you via the site. 

(3) You will complete the transaction from your Account.  

(4) You will mark each transaction complete via the Website and if you have selected a variable budget you agree to confirm the accurate transaction value. This is required to deliver the rewards the Company has promised to the referrer and referee.

(5) Once the above steps (1) – (4) are complete, the Fee is payable to us and we will debit your pre-authorized payment account or charge your credit card. The Fee is non-refundable.

(6) Upon completing the transaction, We will fulfill Our commitments to the user deemed by the marketing offer advertised by the Company on the Website (points are 1:1 Dollar value - US or Canadian Dollar as applicable - subject to change). We will retain the transaction fee portion of the Fee, if applicable. We retain the right to change the rewards value and associated fees at any time and rewards are given for actions taken by the user on the Website, independent of your offline business dealings with the user. 

Sending Client Acquisition Rewards Cards

When the Company issues a Prepaid Mastercard product via the Website to a user via your Account you are responsible for ensuring that the card is received by the user. Once the card is confirmed sent by the Company the rewards are legally the property of the recipient. The recipient must activate and use the card to access the funds. The recipient must be a member of Locorum to receive the rewards.  If the recipient chooses not to accept the rewards, the funds are not refundable. The rewards amount and transaction fees associated with the Company issuing the card via your Account will not be refunded if the recipient chooses not to use the card.

Subscription Terms

Subscription period - The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations - You may cancel Your Subscription renewal by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period. We require a minimum of two business days notice (Mon-Fri) prior to your next renewal date to cancel your subscription. Auto-renewing subscriptions can not be canceled mid-term.

Billing - You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes - The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds - Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial - The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Applicable Tax

Applicable taxes in your tax jurisdiction will be charged in addition to any Fee or other charges by Us.

Rewards Program

The Program is operated solely by the Company. Enrollment, membership and all related benefits of the Program are offered at our discretion and at no time are you paying the customer. By enrolling in the Program you agree that you have read and agree to these terms and conditions. 

Database

When uploading your contacts database to Locorum these remain your contacts. We do not ever market to your contacts who have not explicitly opted-in to marketing from Locorum. Your contacts are never shared or visible to other vendors on the Website. User and customers can join databases or be added directly by other vendors but your contacts are never shared with other vendors. 

When a user in your database signs up for the Service and opts into marketing from Locorum, we may intermittently market to this customer with account reminders in order to get them to interact with the Program. 

User Reviews

You are not able to have user reviews removed from your profile on the Service. You may reply to the reviews on the Service but We will not remove negative reviews. You may dispute a review that is untruthful or does not follow Our appropriate content policies. We will request proof from both parties to support or dispute the review contents and determine, in our sole discretion, if removing a review is appropriate. 

Email Marketing on Locorum

General Responsibility - You are solely responsible for all electronic communications and content sent from or received within the Module. This includes but is not limited to the Content.

Templates - We may provide template suggestions for use within the Module. You acknowledge and agree that these templates are provided for convenience only and that You assume full responsibility the template’s Content and for any customization or modification of these templates.

Legal Compliance - You are solely responsible for ensuring that all Content sent via the Module complies with all applicable local, state, national, and international laws, rules, and regulations. This includes, but is not limited to, the Canadian Anti-Spam Legislation (CASL) and the United States' Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act.

Permissions and Consents - You must obtain all necessary permissions and consents required prior to sending any Content via the Module. This includes, but is not limited to, consent to send electronic communications and agreement to these Terms.

Accuracy and Appropriateness - You are solely responsible for the accuracy, appropriateness, and legality of the Content. Locorum does not monitor or control the Content and is not liable for any Content sent via the Module.

Indemnification for Content - You agree to indemnify, hold harmless and, at Our option, defend Our Company with attorneys chosen and instructed by Us (including Our affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers) from and against all damages, claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any user or customer purchase of Your Content and from all third party claims.

Rights to Monitor and Remove - We reserve the right but do not assume the obligation, to monitor or remove Content transmitted via the Module at Our sole discretion, without notice, for conduct that We believe violates these Terms or is harmful to other users of the Module, Us, third parties, or for other lawful reasons.

Indemnity and Limitation of Liability.

You agree that You are solely responsible for the provision of all services and products to the consumer or user purchasing Your services and products, including all professional obligations and regulations relating to the same.

You agree to indemnify, hold harmless and, at Our option, defend Our Company with attorneys chosen and instructed by Us (including Our affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers) from and against all damages, claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any user or customer purchase of Your services and products and from all third party claims.

Representations and Warranties

You hereby represent and warrant at the time of this Agreement and for so long as you maintain an Account that you:

Are either:

1. a Canadian or U.S. controlled legal business entity,
2. a Canadian or U.S. citizen,
3. a permanent resident of Canada or the U.S.,
4. or have refugee status in Canada or the U.S.

You are authorized to conduct your business in Canada and/or the U.S. and in any local, provincial, or state jurisdiction in which you operate. This includes, but is not limited to, holding all licenses, permits, and authorizations as necessary or as prescribed by applicable law.

Franchisees may be eligible for an Account if their franchisor meets the above requirements.

ACCESS TO OUR SERVICES

Accounts

In order to use certain features of the Website or Services, you must register for an an Account 

Access to Features of Online Services

Subject to these Terms, we grant you a revocable, limited, non-exclusive, nontransferable personal license to (a) access and use the Website and Services and (b) download Downloadable Tools (if any).  The Downloadable Tools are deemed part of the Sevice. Your use of any Downloadable Tools may be subject to additional terms and conditions that accompany such Downloadable Tools.

General Restrictions on Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Website and the Services (including the Downloadable Tools) only for the purposes authorized by the Company from time to time. You further agree not to combine or integrate the Website and the Services (including the Downloadable Tools) with hardware, software or other technology or materials not provided by us.  You may not modify or create any derivative product based on the Website or Services (including the Downloadable Tools).  You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Website or Services (including the Downloadable Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.  Except as expressly stated herein, no part of the Website or Services (including the Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Any future release, update, or other addition to functionality of the Website or Services shall be subject to these Terms. You agree not to use the Website and the Services (including the Downloadable Tools) to: (a) violate any applicable laws; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users except as authorized herein; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.  Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.  You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current. 

USER CONTENT

User Content

You are solely responsible for your User Content and assume all risks associated with use of User Content.  You hereby represent and warrant that User Content does not violate the Acceptable Use Policy (defined below).  You may not state or imply that User Content is in any way provided, sponsored or endorsed by the Company.  Because you alone are responsible for User Content (and not the Company), you may expose yourself to liability if, for example, the User Content violates the Acceptable Use Policy.  The Company is not obligated to backup any User Content and User Content may be deleted at anytime.  You are solely responsible for creating backup copies of User Content if you desire.

License

You hereby grant, and you represent and warrant that you have the right to grant, do grant to the  Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use User Content and to grant sublicenses of the foregoing, for the purposes of including User Content in the Website, Services, Company’s other products and services, and Company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content.

Acceptable Use Policy 

The following sets forth Company’s “Acceptable Use Policy:”  You agree not to use the Website or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

Enforcement 

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against You in Our sole discretion if You violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for Us or any other person. Such action may include removing or modifying User Content, terminating your Account, and/or reporting You to law enforcement authorities.

Other Users

Each Website or Service user is solely responsible for any and all of its User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.  Your interactions with other Website or Service users are solely between You and such user.  You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between You and any Website or Service user, We are under no obligation to become involved.

You agree to comply with all privacy laws relating to User Content and not disclose the same accept in accordance with applicable laws and the privacy policy in effect by the Company from time to time.  Upon termination of your Account, you agree to destroy all User Content belonging to others, accept such information you are required by law to retain.

Vendor Accounts

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or User Content), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its partner businesses under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

You hereby release and forever discharge Us (including Our affiliates, officers, directors, employees, and agents) from and hereby waive and relinquish each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, any Service user or customer.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Indemnification 

You agree to indemnify, hold harmless and, at Our option, defend Our Company with attorneys chosen and instructed by Us (including Our affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers) from and against all damages, claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any violation of these Terms or applicable law by You or those You are responsible for at law and from all third party claims. 

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: hello@locorum.ca

By visiting this page on our website: https://locorum.io/contact-us